Struzek v District Appeal Committee for War Cripples in Lodz

• Jurisdiction: Polonia
• Date: 01 December 1931
• Docket Number: Case No. 42
• Court: Supreme Administrative Court (Poland)

Poland, Supreme Administrative Court.

Case No. 42

Struzek

and

District Appeal Committee for War Cripples in d

State Succession Respect of Private Rights Continuation of Laws Pension Rights.

The Facts.The plaintiff, who was resident in Polish Upper Silesia, served in the German Army during the World War. In 1917 the military medical authorities declared him to be unfit on account of a disease which existed before the military service but which had become aggravated owing to military service. He was declared to have lost 25 per cent. of his earning capacity owing to war service. It was stipulated that he must undergo another medical examination in 1918. A new German Law concerning pensions was issued on May 12, 1920, and a Polish Law was issued on March 18, 1921. A plebiscite was held in Upper Silesia on March 20, 1921. In 1922 Poland assumed sovereignty over that part assigned to it after the plebiscite. In 1926 the plaintiff was re-examined by the Polish military medical authorities under the Law of 1921 and was found to have suffered a 33 per cent. permanent disability, of which 10 per cent. was assigned to causes connected with his military service. This finding was approved by the defendant Committee in 1927. In the present action the plaintiff contended that Article 4 of the Polish-German Convention concerning Upper Silesia, concluded in Geneva on May 15, 1922, which guaranteed the respect of private rights, imposed upon Poland the obligation to respect the application of the German Law of May 12, 1920, which, he claimed, prohibited...